FILED IN THE CIRCUIT COURT OF FORREST COUNTY, MISSISSIPPIMAY ?3 5 2023 STATE OF MISSISSIPPI NTY CLERK VS. CAUSE NO. 117-034W DERRIAN MOYE DEFENDANT MOTION TO WITHDRAW Undersigned counsel, Ottowa E. Carter, JrOttowa E. Carter, Jr, P.A., ?les his Motion to Withdraw as Counsel for Defendant Derrion Moye in this cause, as follows: 1. Undersigned counsel entered his appearance as counsel for Defendant on September 9, 2019. Thereafter, undersigned counsel appeared in court for several docket calls and filed various motions on Defendant?s behalf. 2. In addition to a Motion for Discovery, undersigned counsel has filed on Defendant?s behalf an ?In Limine Motion to Exclude the Introduction of Irrelevant and Prejudicial Evidence,? a ?Motion to Dismiss for Illegal Arrest Based on a False Af?davit,? and a Motion to Continue the Trial of this cause as a result of a violent-assault perpetrated upon Defendant. With the exception of the Motion to Continue, the court has not heard these motions. 3. A significant breach of trust has developed between Defendant and the undersigned which cannot be repaired. It is clear to the undersigned that his continued representation of Defendant under these conditions is not in his best interest or the undersigned?s. 4. Under MRPC ?a lawyer may withdraw from representing a client if withdrawal can be accomplished without materially adverse effect on the interests of the client.? Id. 5. Based on the above, it is also clear that the undersigned?s withdrawal would not have an adverse effect on Defendant since, although an order has not been entered, the court has 1, announced that the trial of this cause will commence in or about June, 2020. In addition, the undersigned counsel discussed this situation with Defendant on numerous occasions, the last time being in or about early March, 2020. And on or about March 27, 2020, the undersigned presented Defendant with a version of this Motion to Withdraw to give him an opportunity to agree to it. 6. Therefore, this Motion to Withdraw provides sufficient time for Defendant to retain another attorney and have him/her file an entry of appearance before the trial of this cause or advise the court that he will be proceeding pro se. Such time is suf?cient even if the case goes to trial in June, 2020. 6. Based on the above averments, the court should grant Attorney Ottowa E. Carter, Jr.?s Motion to withdraw as counsel for Defendant, provide Defendant thirty (30) days from entry of the order granting withdrawal to retain new counsel and?have him enter his/her appearance or for Defendant to advise the court that he will be proceeding pro se, or alternatively, request appointment of new counsel. 7. Undersigned counsel certifies that this Motion to Withdraw as Defendant? counsel is not made for the purposes of harassment, delay or any other unlawful purpose. WHEREFORE, PREMISES CONSIDERED, Ottowa E. CarterOttowa E. Carter, P.A., respectfully requests that after a hearing on this matter, if the court deems one is necessary, the court issue its order allowing the undersigned to withdraw as Defendant?s counsel in this action, granting Defendant thirty (30) days from entry of such order to retain new counsel and have him/her file their entry of appearance or advise'the court that he will be proceeding pro se, or to request that the court appoint him an attorney, and for such other, further, and different relief to which the undersigned and Defendant may be entitled under the premises. RESPECTFULLY SUBMITTED, this 1. of May, 2020. . I Attorney for Defendant OF COUNSEL: OTTOWA E. CARTER, JR., PA. 604 Hwy 80 W., Suite (39056) P. O. Box 31 Clinton, MS 39000 Tel: (601) 488?4471 Fax: (601) 4884472 Email: oec@ottowacarterlaw.com NOTICE OF HEARING PLEASE TAKE NOTICE the undersigned attorney for Defendant Derrion Moye will bring on for hearing his-Motion to Withdraw as Counsel in this cause before the Honorable Jon Mark Weathers as soon as counsel can be heard. 'l TTOWA E. CARTER, JR. ., Attorney for Defendant By CERTIFICATE OF SERVICE I, Ottowa E. Carter, Jr., Counsel for Defendant, do hereby certify that I have this day served a true and correct copy of the above and foregoing via email, to: Email :mch auvinaiko. forrest. ms. us Honorable on Mark Weathers Circuit Court Judge P.O. Box 830 Hattiesburg, MS 39403 Email: bden hamaiQCO. forrest. ms. us Rebecca Benham, Esquire Assistant District Attorney PO. Box 166 Hattiesburg, MS 39403-166 I, Ottowa E. Carter, Jr., Counsel for Defendant, do hereby certify that I have this day served a true and correct copy of the above and foregoing Via United States mail, postage prepaid to: Mr. Derrion A. Moye 23 Milcreek Point Hattiesburg, MS 39401 Mr. DerriOn A. Moye 601 Tuscan Avenue Hattiesburg, MS 3 9401 THIS litday of May, 2020.